Delivering decree of case No. 148/PUU-XXIII/2025 for the judicial review of Law No. 15 of 1997 on Transmigration, Wednesday (9/17/2025). Photo by MKRI/Bay.

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JAKARTA (MKRI) — The Constitutional Court (MK) granted the withdrawal of a judicial review petition of Law No. 15 of 1997 on Transmigration against the 1945 Constitution of the Republic of Indonesia. The petition, registered as case No. 148/PUU-XXIII/2025, was filed by Stepanus Fenyan Bararo. The decree was delivered at a plenary session in the Court’s plenary courtroom on Wednesday, September 17, 2025.

Chief Justice Suhartoyo, delivering the decree, stated that the Court had received the petitioner’s letter of withdrawal, which was subsequently confirmed in the hearing. “The justice deliberation meetings (RPH) on September 3, 8, and 9, 2025, concluded that the withdrawal of the case is legally valid. Thus, the petitioner may no longer refile the petition a quo,” said Suhartoyo.

The Court further ordered the Chief Registrar to record the withdrawal in the electronic constitutional case registration book (e-BRPK) and to return a copy of the petition file to the petitioner.

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Earlier, at the preliminary hearing on Wednesday, August 27, 2025, Stepanus argued that Article 24 paragraph (3) of the Transmigration Law, which regulates land distribution to transmigrants under ownership rights, often sparks conflicts with local communities. He cited disputes in the Rempang Eco City project in Riau Islands and agrarian conflicts in Konawe Selatan Regency, Southeast Sulawesi.

He maintained that granting ownership rights solely to transmigrants without regard for local communities’ rights risks structural inequality and discrimination. Such policy, he continued, also has the potential to trigger horizontal conflicts between transmigrants and local residents.

In addition, he highlighted Article 16 of the Transmigration Law, which does not impose obligations on transmigrants to uphold order, tolerance, and harmony with local residents. The absence of such provisions, he said, exacerbates the risk of social frictions, such as the Sampit conflict in 2001 and the recent rejection of a church construction in Kubu Raya, West Kalimantan, in July 2025.

Stepanus contended that Articles 24 paragraph (3) and 16 of the Transmigration Law contravene Article 28D paragraph (1), Article 28H paragraph (1), and Article 28I paragraph (3) of the 1945 Constitution, which guarantee legal certainty, the right to a healthy environment, and the protection of indigenous peoples. Accordingly, he requested the Court to declare the two articles unconstitutional and non-binding.

Author: Utami Argawati
Editor: Nur R.
PR: Andhini SF.

Translator: Yuanna Sisilia

The ruling of case No. 148/PUU-XXIII/2025 can be accessed at the following link: Decision of Case No. 148/PUU-XXIII/2025 (in Bahasa Indonesia)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

 

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